Rodden v Director of Public Prosecutions (NSW)

[2023] NSWCA 196

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Rodden v Director of Public Prosecutions (NSW) [2023] NSWCA 196

Hearing dates:

9 August 2023

Date of orders:

21 August 2023

Decision date:

21 August 2023

Before:

Bell CJ; Leeming JA; Beech-Jones JA

Decision:

(1)     Application by the Legal Aid Commission of New South Wales to be joined as an application or, in the alternative, to intervene, refused.

(2)      Amended Summons dismissed.

(3)      No order as to costs.

Catchwords:

COURTS AND JUDGES — Supreme Court — Supervisory jurisdiction — availability of judicial review — no issues of principle

Legislation Cited:

Costs in Criminal Cases Act 1967 (NSW) s 2

Criminal Appeal Act 1912 (NSW) s 5F

Cases Cited:

Rodden v R [2023] NSWCCA 202

Category:

Principal judgment

Parties:

Simon Rodden (Applicant)
Director of Public Prosecutions (NSW) (First Respondent)
Supreme Court of New South Wales (Second Respondent)

Representation:

Counsel:

J Stratton SC with T O’Rourke (Applicant)
D Kell SC with E Jones (First Respondent)

Solicitors:

O’Brien Criminal and Civil Solicitors (Applicant)
Office of the Director of Public Prosecutions (NSW) (First Respondent)

File Number(s):

2023/00109813

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2022] NSWSC 1230

Date of Decision:

16 September 2022

Before:

Fagan J

File Number(s):

2019/00181340

JUDGMENT

THE COURT:

1. This application for judicial review of a decision to refuse to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) was heard concurrently with proceedings 2019/00181340 (the s 5F proceedings), being an application for leave to appeal pursuant to s 5F of the Criminal Appeal Act 1912 (NSW).

2. In both proceedings, the Legal Aid Commission of New South Wales (the Commission) sought to be joined as a second applicant or, in the alternative, sought leave to intervene. The application to be joined was not ultimately opposed. The Commission also sought to file a Further Amended Summons in these proceedings if joined as a party.

3. For reasons which appear sufficiently from our decision in the s 5F proceedings (Rodden v R [2023] NSWCCA 202), Mr Rodden’s Amended Summons for judicial review must be dismissed and there would be no utility in joining the Commission to these proceedings or giving it leave to intervene.

4. Accordingly in these proceedings, the orders of the Court are:

1. Application by the Legal Aid Commission of New South Wales to be joined as an applicant or, in the alternative, to intervene, refused.

2. Amended Summons dismissed.

3. No order as to costs.

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